Preneed: A Pandora's Box of Problems

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles

Category Archives: Supulcher/Preference Laws

By Bill Stalter on September 14, 2013 Posted in Associations,Funeral Home Business Practices,Supulcher/Preference LawsRepresentatives from Nebraska’s death care industry will be meeting this fall to discuss the Department of Insurance’s preneed legislative proposal, and the right of sepulcher will be among the issues for discussion. Nebraska is among the states that have statutory provisions defining the priority of individuals who may claim the right of sepulcher (which is… Continue Reading

By Bill Stalter on August 27, 2008 Posted in Supulcher/Preference LawsAn important revision to Missouri’s personal preference law goes into effect on August 28th. The original law (R.S.Mo. Section 194.119) was confusing to funeral directors about whether an individual could override the preferences of his/her next-of-kin. With the revision, funeral directors can more comfortably rely upon the individual’s durable power of attorney when following the instructions of someone other than the… Continue Reading

By Bill Stalter on April 20, 2008 Posted in Supulcher/Preference LawsWhile Missouri has had a right of sepulcher law for five years, there has been disagreement whether the law allowed an individual to override the preferences of his/her next-of-kin. The ambiguities of the original law left funeral directors in a quandary about following the instructions of designated agents. This led to confusion for many Missourians who thought… Continue Reading

By Bill Stalter on January 18, 2008 Posted in Reform,Supulcher/Preference LawsA Wisconsin bill that would establish a right of sepulcher looks bound for passage (AB 305). There are several things to like about this bill. It would establish an individual’s right to control the disposition of his or her body, and to designate an agent authorized to carry out that directive. The bill also provides the hierarchy of kin who may… Continue Reading